The policy requires customers to independently verify opt-in consent for every marketing message recipient and explicitly prohibits using business card contacts as a valid consent mechanism.
This analysis describes what ActiveCampaign's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision places affirmative opt-in verification obligations on customers, aligning with TCPA, CAN-SPAM, and CASL requirements, and establishes that failure to comply exposes customers to account suspension and carrier or regulatory penalties rather than creating any ActiveCampaign compliance obligation.
This provision establishes that customers bear full responsibility for verifying recipient consent before sending marketing messages through the platform. The agreement specifies that business card collection does not constitute valid opt-in, and customers who cannot verify consent for any contact are prohibited from messaging that contact.
Cross-platform context
See how other platforms handle Customer Opt-In Verification and Consent Responsibility and similar clauses.
Compare across platforms →"You must be able to verify each contact to whom you intend to send marketing messages. You must ensure that all message recipients have fully opted-in to receive marketing messages from you. Please note that simply getting someone's business card is not an acceptable opt-in and you cannot send messages to email addresses or phone numbers you obtained from business cards.Excerpt from ActiveCampaign's Acceptable Use Policy
(1) REGULATORY LANDSCAPE: This provision directly engages TCPA (FCC-administered), CAN-SPAM (FTC-administered), and CASL (CRTC-administered) consent requirements.
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This provision places affirmative opt-in verification obligations on customers, aligning with TCPA, CAN-SPAM, and CASL requirements, and establishes that failure to comply exposes customers to account suspension and carrier or regulatory penalties rather than creating any ActiveCampaign compliance obligation.
This provision establishes that customers bear full responsibility for verifying recipient consent before sending marketing messages through the platform. The agreement specifies that business card collection does not constitute valid opt-in, and customers who cannot verify consent for any contact are prohibited from messaging that contact.
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